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The Hands of Cruelty' ' ‘THE HANDS OF CRUELTY’ ABUSES BY ARMED FORCES AND TALIBAN IN PAKISTAN’S TRIBAL AREAS Amnesty International is a global movement of more than 3 million supporters, members and activists in more than 150 countries and territories who campaign to end grave abuses of human rights. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. First published in 2012 by Amnesty International Ltd Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom © Amnesty International 2012 Index: ASA 33/019/2012 English Original language: English Printed by Amnesty International, International Secretariat, United Kingdom All rights reserved. This publication is copyright, but may be reproduced by any method without fee for advocacy, campaigning and teaching purposes, but not for resale. The copyright holders request that all such use be registered with them for impact assessment purposes. For copying in any other circumstances, or for reuse in other publications, or for translation or adaptation, prior written permission must be obtained from the publishers, and a fee may be payable. To request permission, or for any other inquiries, please contact [email protected] Cover photo: A soldier stands guard over hooded men as they are showcased to the media at an Armed Forces compound in Khyber Agency, north-west Pakistan, December 2010. The military says they are militants detained during operations in the country’s Tribal Areas. © REUTERS/K. Parvez amnesty.org CONTENTS Map of Northwest Pakistan .........................................................................................5 Glossary of Terms ......................................................................................................6 INTRODUCTION ...........................................................................................................8 1.1 Methodology......................................................................................................11 2. VIOLATIONS BY THE PAKISTAN ARMED FORCES.....................................................12 2.1 Deaths in Armed Forces custody..........................................................................14 Dead bodies of detainees dumped across the Tribal Areas ........................................16 2.2 Torture and other ill-treatment in detention ..........................................................18 2.3 Enforced disappearances and arbitrary detention ..................................................23 2.4 The Adiala 11 and AACPR: impunity in the Tribal Areas and beyond.......................28 3. ABUSES BY THE TALIBAN AND OTHER GROUPS .....................................................31 3.1 Abuses following quasi-judicial proceedings .........................................................31 3.2 Unlawful killing of captured Pakistan Armed Forces personnel ...............................34 4. THE TRIBAL AREAS A LEGAL WILDERNESS..........................................................37 4.1 Sweeping powers of arrest and detention..............................................................41 Habeas corpus .....................................................................................................42 Administrative detention .......................................................................................44 4.2 Broad and imprecise offences .............................................................................45 4.3 Violations of the right to fair trial.........................................................................45 4.4 Collective punishment........................................................................................46 4.5 Safeguards against violations.............................................................................. 47 Maintenance of register of detainees...................................................................... 47 Access to family and lawyers................................................................................. 49 Failure to provide reasons for detention.................................................................. 53 4.6 Conditions of detention...................................................................................... 53 4.7 Violation of the right to life outside an armed conflict ........................................... 54 5. BARRIERS TO JUSTICE.......................................................................................... 56 5.1 Accountability and remedies............................................................................... 59 6. CONCLUSION........................................................................................................ 62 6.1 Recommendations To the Pakistani Authorities .................................................... 65 6.2 Recommendations To the Taliban and other armed groups .................................... 68 The Hands Of Cruelty 5 Abuses by Armed Forces and Taliban in Pakistans Tribal Areas MAP OF NORTHWEST PAKISTAN Index: ASA 33/019/2012 Amnesty International November 2012 The Hands Of Cruelty 6 Abuses by Armed Forces and Taliban in Pakistans Tribal Areas GLOSSARY OF TERMS Council of Elders: a councIl of three or more respectable elders from communItIes in the Federally Administered Tribal Areas that assIsts In the resolutIon of dIsputes under the Frontier Crimes Regulation 1901 (FCR). Frontier Corp: cIvil Armed Forces under the authority of the Federal Ministry of Interior but whose commanding officers are seconded from the Army. Frontier Constabulary: law enforcement authority employed by the Pakistani authorities in areas between the Federally Administered Tribal Areas and Khyber Pakhtunkhwa province. Geneva Conventions: The Geneva ConventIons is a set of treaties and additional protocols that establish the standards of international law for the humanitarian treatment of the victims of war. Internment center: any acknowledged detentIon centre adminIstered under the Actions (in Aid of Civil Power) Regulations 2011 (AACPR) where it is defined as any compound, house, building, facility or any temporary or permanent structure that is notifIed by the Provincial Government to serve as premises where persons are interned. Jirga: TrIbal councIl of elders formally, under the FCR, or Informally establIshed to settle disputes in the Tribal Areas. Khassadars: Tribal police force in the Federally Administered Tribal Areas under the authority of the Political Agent. Layeha: A TalIban military rulebook containing rules reportedly sanctioned by Mullah Muhammad Omar, the supreme commander of the group. The Pakistani Taliban claims to apply the Layeha and it is distributed by the group across the Tribal Areas, particularly in regions under their effective control or influence. Missing persons: vIctIms of enforced disappearance or other unlawful detentions whose fate or whereabouts are unknown. Malik: TrIbal leader, typically the most senior or respected elder in a tribal village. Political Agent: Represents the President of Pakistan and the Governor of Khyber Pakhtunkhwa province in one of the seven Tribal Agencies that constitute the Federally Administered Tribal Areas. Subedar: Non-commissioned officer in the Pakistan Armed Forces. Amnesty International November 2012 Index: ASA 33/019/2012 The Hands Of Cruelty 7 Abuses by Armed Forces and Taliban in Pakistans Tribal Areas ACRONYMS AACPR: Actions (In Aid of CIvIl Powers) RegulatIons 2011 CAT: ConventIon agaInst Torture FATA: Federally AdmInIstered TrIbal Areas FCR: FrontIer Crimes RegulatIon 1901 FC(A)R: FrontIers Crimes (Amendment) Regulation 2011. ICCPR: InternatIonal Covenant on Civil and Political Rights PATA: Provincially Administered Tribal Areas SMR: UN Standard Minimum Rules on the Treatment of PrIsoners Index: ASA 33/019/2012 Amnesty International November 2012 The Hands Of Cruelty 8 Abuses by Armed Forces and Taliban in Pakistans Tribal Areas INTRODUCTION For the first five days they beat us constantly with leather belts across our backs the pain was too much to describe, said Niaz, visibly shaken as he recalled his interrogation by the Pakistan Armed Forces. A 39-year-old farmer from Swat, Niaz and his younger brother Ayub are among the thousands of men and boys swept up in security operations by the Armed Forces in areas formerly controlled by the Taliban. There were always five soldiers at every interrogation session, all in Army uniform but usually only one of them, a subedar (non-commissioned officer) from Army Punjab Regiments unit FF6, did the talking. He would threaten to kill me if I didnt confess to being part of the Taliban. I kept telling him that my cousin was a militant, but neither I nor Ayub ever belonged to the Taliban, we are just farmers. On hearing this, the subedar would scream, Your brother is going to die tonight! If you dont want to see him for the last time speak the truth! One morning in April 2012, 10 days after being arrested with his brother, Niaz was released from an Army Base in the Swat Valley. Later that day his cousin Bilal called with terrible news. I have Ayubs dead body. According to Bilal, an army officer he met at Saidu Teaching Hospital said Ayub had died of heart stroke in army custody. As far as Amnesty International is aware, no investigation of any kind has yet been conducted by the
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